DeBolt

The respondents have moved for a dismissal of this appeal on the ground that appellant failed to serve and file her proposed bill of exceptions within the time provided by section 650 of the Code of Civil Procedure, which motion we shall consider before discussing the case on its merits. The following facts appear from the bill of exceptions, the certificate of the clerk of the trial court and the affidavits and exhibits filed in support of and in opposition to the motion to dismiss and the motion for diminution of the record which latter motion was denied by the District Court of Appeal while the appeal was there pending. Notice of entry of judgment was served on appellant on June 19, 1933. Appellant moved for a new trial, which motion was denied on June 24, 1933, but no notice of the ruling was ever served on appellant. August 14, 1933, appellant filed her notice of appeal and on May 21, 1934, served and filed her proposed bill of exceptions. The bill of exceptions was certified by the trial judge August 7, 1934, respondents having interposed a motion to terminate proceedings for preparation of a record on appeal and to strike the proposed bill of exceptions. Thereafter…